By Advs.sri.harisankar v. Wp(C)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36687 of 2015 (I) ---------------------------- PETITIONER :--------------------- THE KUMARAMPUTHUR SERVICE CO-OP. BANK LTD ., MANNARKKAD COLLEGE P.O., MANNARKKAD, PALAKKAD-678 582 REPRESENTED BY ITS SECRETARY C.H.ABDUL HAMEED. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.A.RIYAS (MANJAPPARA)RESPONDENT(S) :---------------------------- 1. THE INCOME TAX OFFICER WARD 4, PALAKKAD-678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) ERNAKULAM, KOCHI-16. R1 & R2 BY ADVS. SRI.JOSE JOSEPH, SC SRI.K.M.V. PANDALAI, SC SRI.P.K.R.MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENTFOR THE YEAR 2012-13 DATED 25-3-2014.FOR THE YEAR 2012-13 DATED 25-3-2014. EXT.P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2NDRESPONDENT DATED 22-4-2015.RESPONDENT DATED 22-4-2015. EXT.P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE2ND RESPONDENT DATED 22-4-2015.2ND RESPONDENT DATED 22-4-2015. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn A.K.JAYASANKARAN NAMBIAR, J. ............................................................ ............................................................. Dated this the 4[th]day of December, 2015 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act,the petitioner has preferred Ext.P2 appeal and Ext.P3 stay petitionbefore the 2[nd] respondent. It is the case of the petitioner that evenprior to considering the stay petition, recovery steps are sought tobe pursued for recovery of the amounts confirmed by Ext.P1assessment orders. 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the bar, I dispose thewrit petition with the following directions: i. The 2[nd] respondent shall consider and passorders on Ext.P3 stay petition within a periodof two months from the date of receipt of acopy of this judgment, after hearing thepetitioner. ii. Recovery steps for recovery of amountsconfirmed against petitioner by Ext.P1assessment order shall be kept in abeyance till orders are passed by the 2[nd] respondent asdirected above and communicated to thepetitioner. iii. The order to be passed by the 2[nd]respondent shall be a reasoned one advertingto the contentions of the petitioner regardingexistence of a prima facie case for a stay ofrecovery pending disposal of the appeal. A.K.JAYASANKARAN NAMBIAR JUDGE